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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/01 07:46
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Chapter Law Content

Title: Civil Aviation Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 7 Foreign Aircraft or Foreign Civil Air Transport Enterprise
Article 78
Foreign aircraft shall not be allowed to fly over, take off or land in ROC territory without permission from MOTC, unless otherwise provided for in a treaty or an agreement.
CAA may send its personnel to inspect various personnel, equipment and associated documents for a foreign aircraft landing or taking off within the ROC territory.The pilot-in-command shall not refuse, avoid or impede such inspection.
Rules governing the procedures and the required documents of application for permission, the circumstances and reasons of revocation or abolition of permission or forbidding operations, and other matters to be observed for a foreign aircraft flying over ROC territory or taking off or landing in ROC territory stated in paragraph one shall be prescribed by MOTC.
Article 78-1
The provisions of Article 5, Article 6, Paragraph 1 of Article 37, Article 38, Article 39, Article 41, Article 42, Paragraph 1 and 2 of Article 43, Paragraph 1 of Article 43-1, Article 44~47, Article 53, Article 54, Paragraph 1 of Article 55, Article 57, Article 61, Article 62, Article 89~93-1, Article 97 and Article 99 shall apply to the foreign civil air transport enterprises, foreign aircraft, foreign airfreight forwarders and foreign airmen.
Article 79
A foreign civil air transport enterprise may operate its aircraft on a non-scheduled flight between a point in the ROC and a point outside the ROC carrying passengers, cargo and mail with or without remuneration only after obtaining approval from the CAA.
Article 80
A foreign air transport enterprise seeking to operate scheduled flights between a point in the ROC and a point outside the ROC to carry passengers, cargo and mail with or without remuneration pursuant to a treaty or an agreement, or based on an equal and reciprocal principle, shall first apply to the CAA for an air route certificate prior to its operation.
Article 81
No foreign aircraft or foreign civil air transport enterprises may carry passengers, cargo and mail between two points in the ROC with or without remuneration, or operate as a general aviation enterprise in the ROC, unless it complies with any of the following:
1) Foreign private aircraft in accordance with paragraph one of article 78 allowed to engage in flights of non-profit activities in the territory of the Republic of China .
2)Otherwise provided under a treaty or agreement.
Article 82
A foreign civil air transport enterprise seeking to establish a business partnership in the ROC shall provide all relevant documents in its application to the CAA. The CAA will forward the application to the MOTC for processing and approval in accordance with the laws. If the business partner is a branch office, the registration shall be made in accordance with the law, and the application submitted to the CAA for approval by the MOTC. A branch office may begin operations only after receiving a license for that specific branch office of the parent foreign civil air transport enterprise by the CAA, and supporting documents are obtained upon registering with the Custom Office.
A foreign civil air transport enterprise that has not set up a branch office according to the previous paragraph shall not solicit any passenger and/or cargo transport business in the ROC unless it has entrusted a general sales agent in the ROC to carry out or handle such business on its behalf.
A foreign civil air transport enterprise intending to close up the business of its branch office shall report to MOTC for reference through CAA in advance, and shall return its branch office license of a foreign civil air transport enterprise within 30 days after its business closure; failure to return such license within the time limit shall entitle CAA to revoke the license directly and notify the public.
Article 83
Article 81 does not apply in cases where the aircraft maintenance needs of a ROC civil air transport enterprise or general aviation aircraft, or in cases where a government agency is of business purposes or legal persons, bodies entrusted to handle government agency’s business needs, provided the foreign registered aircraft is under a lease or loan approved by the MOTC for a term not to be exceed 6 months.
Article 83-1
Rules governing a foreign civil air transport enterprise, air routes preparation, application for permission to set up a branch, application for general sales agent, collection of license fees and charter application fees, management of operations and other matters shall be observed shall all be formulated by MOTC.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)